Nebraska joins 21 states backing Louisiana lawsuit over FDA abortion pill rule
Attorney General Mike Hilgers supports challenge to 2023 rule allowing doctors to prescribe abortion medication across state lines
Press release
LINCOLN, Neb. — Nebraska has joined 21 other states in support of Louisiana’s lawsuit challenging a 2023 Food and Drug Administration rule that allows doctors to prescribe abortion medication across state lines.
Nebraska Attorney General Mike Hilgers announced the state is backing the lawsuit, which challenges the FDA’s removal of longstanding safeguards on the abortion drug mifepristone. The rule allows doctors in one state to prescribe abortion pills to patients in another, including through telehealth.
Nebraska’s filing argues the rule unlawfully overrides state laws regulating abortion following the U.S. Supreme Court’s decision in Dobbs, which returned abortion policy to the states.
“After Dobbs, the Constitution is clear: abortion policy belongs with the States and the people,” Hilgers said. “The federal government does not get to impose a nationwide abortion standard by regulation—especially when that rule allows out-of-state doctors to ignore Nebraska law.”
The lawsuit is pending in federal court in Louisiana.
Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wyoming also joined the brief.